Mexican Agricultural Law: A Historical and Legal Perspective

Introduction

This document explores the legal framework governing agricultural relations in Mexico, focusing on the interplay between individuals and collectives concerning land ownership and usage. It traces the evolution of agrarian law from pre-Columbian times to the modern era.

Key Subjects and Concepts

Individual Subjects

• Ejidatario: A member of an ejido, holding rights to use and benefit from communal land.
• Comunero: A member of a community with similar land rights as an ejidatario.
• Sucesores: Successors or heirs to land rights.
• Poseedor: Individual in possession of land, working it and recognized by the assembly.
• Libre avecindado: Resident over 18 years old, living in the community for at least one year and recognized by the assembly.
• Vecino: Neighbor over 18 years old, living in the ejido for at least one year.

Collective Subjects

• Ejido: Communal land holding.
• Asamblea: Assembly of ejido members.
• Asociaciones: Rural associations related to ejido land.

Historical Overview of Agrarian Law

Before 1992

• Federal Law on Agrarian Reform: Established key principles like inalienability, indefeasibility, and imprescriptibility of ejido land.
• Expropriation Law: Allowed for the expropriation of land for agrarian reform purposes.
• Legal Disputes: Focused on issues like nullity of acts against agrarian rights and succession disputes.

After 1992

• Land Law: Updated the legal framework for agrarian matters.
• Agrarian Tribunals: Specialized courts to handle land disputes.
• Land Restitution: Mechanisms for reclaiming land.
• Certificate of Entitlement Program (PROCEDE): Program aimed at clarifying land ownership.

Legal Framework and Sources

• Applicable Laws: Federal Law on Agrarian Reform (LFRA), Land Law, other agricultural regulations, Civil Code, Human Development Act.
• Legal Sources: Custom, law, jurisprudence, and legal principles.

Historical Periods

1. Pre-Columbian and Columbian Era: Early land ownership systems and the influence of Spanish colonization.
2. Colonial Period: Impact of Spanish laws and institutions on land tenure.
3. Independence: Early attempts at land reform and distribution.
4. Reforma: Liberal reforms and land policies.
5. Revolución: The Mexican Revolution and its profound impact on land redistribution.
6. Post-Revolution: Consolidation of agrarian reforms and ongoing legal developments.

Pre-Columbian and Colonial Agricultural Organization

Early organization included the Tecpaneca and Nocte systems. Spanish colonial rule introduced concepts like the Royal Charter and the Indian Council, influencing land distribution and ownership.

Key Legal Developments and Figures

• Pope Alexander VI and the Alexandrine Bull: Granted legal title to conquered lands to the Spanish crown.
• Manuel 1781: Early attempts at agricultural reform.
• Independence Movement (1810-1824): Key figures like Hidalgo, Rayon, and Morelos advocated for land redistribution.
• 1824 Constitution: Addressed land ownership and distribution.
• Santa Anna: Pre-constitutional land policies.
• Mexican Revolution (1910-1920): Key figures like Zapata, Villa, and Carranza championed land reform. The 1915 Land Act addressed land alienation and auto-capitalization.

Principles of Agrarian Law

• Jurisdicción: Jurisdiction of agrarian tribunals.
• Legalidad: Legality of actions.
• Igualdad: Equality of rights.
• Oralidad: Orality in legal proceedings.
• Concentración: Concentration of legal processes.
• Celeridad: Speed and efficiency in legal proceedings.
• Publicidad: Transparency and public access to information.